Summary

Report of the Special Rapporteur, Shaista Shameem

GE.04-16792 (E) 211204

Summary

In its resolution 2004/5 the Commission on Human Rights requested the new Special Rapporteur on mercenaries to consult States and intergovernmental and non‑governmental organizations in the implementation of the resolution and to report, with specific recommendations, her findings on the use of mercenaries to undermine the right to self‑determination to the Commission at its sixty‑first session. The present report is submitted in accordance with that request.

This is the first report of the new Special Rapporteur, Shaista Shameem, appointed in July 2004. She has since that time undertaken a mission to Geneva to meet with relevant United Nations staff and representatives of Governments and non-governmental organizations. The Special Rapporteur also visited New York in November 2004 to make a presentation to the Third Committee of the General Assembly and have a dialogue with government delegates, and to meet bilaterally with representatives of Government and non-governmental organizations.

Based on her study, observations and consultations thus far, the Special Rapporteur proposes several key areas on which the mandate will focus, as follows:

· Noting the impact of the changing nature of conflict globally and the reformulation of the concept of “armed forces”;

· Examining the reasons for the possible lack of interest in widespread ratification and accession by States of the International Convention against the Recruitment, Use, Financing and Training of Mercenaries, and how this can be overcome;

· Exploring whether the proposed new legal definition of mercenaries would encourage States that have not yet ratified the Convention to do so;

· Noting the opinions of States that have ratified the Convention on the proposed new legal definition of a mercenary;

· Exploring whether licensing and regulation of genuine private security companies, such as through strong national legislation or an international registration mechanism, could serve to identify clear lines of accountability for bona fide companies;

· Understanding the legal and other mechanisms in place nationally, regionally and internationally to monitor the activities of mercenaries who violate human rights and impede the exercise of the right of peoples to self-determination.

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